Patna High Court
Santosh BindversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The condition requiring a bailor to be an immediate blood relative is modified to allow a first cousin or any blood relation as a bailor.
Summary
Santosh Bind and Ravindra Bind were granted bail in a criminal case with the condition that one of their bailors be a close blood relative such as father, mother, sibling or spouse. The petitioners argued that their immediate relatives were co‑accused and their sisters lacked sufficient property to act as bailors, making compliance impossible. They filed an application seeking modification of the bail condition to enable surrender before the lower court. The High Court examined the necessity of the condition and, considering the circumstances, altered it to permit a first cousin or any blood relation as a bailor. The court granted the petitioners four weeks to surrender and held the modification application allowed.
Issues considered
- Whether the bail condition requiring a bailor to be an immediate blood relative can be modified when such relatives are unavailable or lack sufficient property.
Subjects
- bail
- modification of bail conditions
- criminal procedure
- High Court
- blood relation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11574 of 2026
In
CRIMINAL APPEAL (SJ) No.1899 of 2025
Arising Out of PS. Case No.-265 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
1. Santosh Bind, male, aged about 42 years, S/o- Nihru Bind, resident of
village- Lakhmanpur, PS- Chainpur, Dist- Kaimur,
2. Ravindra Bind, male, aged about 38 years, S/o- Nihru Bind, resident of
village- Lakhmanpur, PS- Chainpur, Dist- Kaimur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Fuljhari, Devi W/o- Bhailal Bind, resident of village- Lakhmanpur, PS-
Chainpur Dist- Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Tahmeed Helal, Advocate
Md. Helal Ahmad, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the parties.
2. This application has been filed for modification of
the order dated 12.11.2025 passed in Cr. Appeal (SJ) No.1899 of
2025 by which the petitioners/appellants were granted bail in
Chainpur PS Case No.265 of 2024 to the satisfaction of the
District & Additional Sessions Judge-1 cum Special Judge,
Kaimur at Bhabua, subject to certain conditions.
3. Learned counsel for the petitioners/appellants
submits that one of the conditions i.e. condition no.(ii) is “that
one of the bailors will be their own blood relation, preferably,
Patna High Court CR. MISC. No.11574 of 2026(2) dt.13-02-2026
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father, mother, brother, sister and or his wife”. Further
submission is that the petitioners/appellants and his father,
mother and brothers have been made accused in this case and
the sisters of the petitioners/appellants have no property either
movable or immovable having valuation of rupees ten thousand
to become bailors and owing to that the petitioners/appellants
are unable to fulfill condition no.(ii) and accordingly, they could
not surrender before the Court below. Learned counsel prays
that condition no.(ii) may be modified so that the
petitioners/appellants may surrender and furnish bail bonds in
the Court below in compliance of the order dated 12.11.2025
passed in Cr. Appeal (SJ) No.1899 of 2025.
4. Having regard to the facts and circumstances of the
case, the condition no.(ii) incorporated in the order dated
12.11.2025 passed in Cr. Appeal (SJ) No.1899 of 2025 is
modified to the extent that one of bailors of the
petitioners/appellants shall be the first cousin or their blood
relations.
5. Accordingly, the condition no.(ii) of order dated
12.11.2025 passed in Cr. Appeal (SJ) No.1899 of 2025 is
modified to aforesaid extent.
6. Four weeks’ further time from today is granted to
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the petitioners/appellants to surrender before the Court below in
compliance of order dated 12.11.2025 passed in Cr. Appeal (SJ)
No.1899 of 2025.
7. The order dated 12.11.2025 passed in Cr. Appeal
(SJ) No.1899 of 2025 stands modified to the aforesaid extent.
8. This modification application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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